Disparities in Decision Making

Disparities in Decision Making

You are a newly minted prosecutor in Anytown, USA, and have been assigned the following two cases for trial:

Case A: 14yearold male C.J. raped his 16yearold nextdoor neighbor M.K. During the rape, C.J. bruised one of M.K.’s arms. The police arrest C.J. the next morning at hisresidence where he lives with his mother and two younger brothers. His mother is devastated by his arrest. C.J. has a history of minor thefts.

Case B: 16yearold female K.O. raped 13-yearold R.L. and demanded that R.L. keep quiet about the rape. The police arrest K.O. R.L. does not want K.O. prosecuted for the rape.

On the date of sentencing, the court sentences C.J. to 10 years’ confinement with two years of probation, but sentences K.O. to two years’ confinement with five years of probation.

  1. Should the female juvenile rapist have been treated differently than the male juvenile rapist?
  2. If you were the judge, how would you justify your sentencing decisions?In response to your peers, assume the role of either the prosecutor or defense attorney and refute one of your peers’ arguments regarding sentencing.
Answer preview

Disparities in Decision Making

Rape cases are exclusively tough to quantify as there is no basis of evidence that offers a comprehensive representation of the crime. Hence, this leads to disparities in prosecutorial verdicts of the prosecutor, as the conclusions are compounded and to some extent hard to understand.

Yes, rapist C.J. is treated inversely than rapist K.O. C.J is precisely found guilty of rape. Rape is a command of illegal sexual contact and forcible sexual relations with an individual in contradiction of that person’s determination (McGee, O’Higgins, Garavan & Conroy, 2011). M.K acted forcibly, bruising one of M.K.’s arms during the act. We know that C. J’s act was intentional and violent; the limb does not get injured without…

(400 words)
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